Your rights

Creditors are entitled to contact you to collect unpaid debts.

They can contact you by letter, phone call or home visit but at all times they have to act within the law and obey a number of guidelines. You can find the most important of these in the Office of Fair Trading.

Unfair debt collection practices

This document sets out many examples of what the OFT consider to be unfair debt collection practices. These include:

  • Calling you at work without permission
  • Discussing your debts with an employer or family member
  • Refusing to deal with advice agencies like us
  • Pressuring you to borrow more money to pay off debts
  • Pretending to have legal powers they do not have
  • Adding unreasonable charges
  • Continuing to contact you when the debt is being disputed

If a creditor repeatedly fails to follow these guidelines, the OFT can issue a warning, impose a fine or withdraw their credit licence.

The guidance is available to download free from the Office of Fair Trading website.

    

FAQs

England and Wales > Creditor action > Debt collection process

No, the Office of Fair Trading does not investigate complaints on behalf of individuals.

If you are unsure where to go for further advice about a creditor Consumer Direct can help.

England and Wales > Creditor action > Debt collection agencies

To make a complaint about a debt collection agency you should complain to them directly in the first place.

You can also contact the original creditor to complain. 

Collection agencies must have a consumer credit licence to trade, so if your complaint is not resolved within eight weeks it can be referred to the Financial Ombudsman Service who can investigate the matter on your behalf.

Many collection agencies are also members of the Credit Services Association who have their own complaints process.

England and Wales > Creditor action > Debt collection process

If you do not get a satisfactory reply after making a complaint, the best organisation to assist you will depend on the type of debt:

There are many other organisations that can advise you. If you need further help finding a suitable organisation to help you, please contact us.

Some regulatory bodies such as the Financial Services Authority and Office of Fair Trading are not able to advise individual customers.

© Consumer Credit Counselling Service 2009